Rao (Migration)

The Administrative Appeals Tribunal considered the cancellation of the applicant's Student (Temporary) (Class TU) visa, Subclass 573 (Higher Education Sector). The applicant sought review of the delegate's decision to cancel her visa.

The primary legal issue before the Tribunal was whether the applicant had breached condition 8202 of the Migration Regulations 1994, which requires a student visa holder to be enrolled in a registered course. If a breach was found, the Tribunal then had to consider whether to exercise its discretion to cancel the visa.

The Tribunal found that the applicant had not complied with condition 8202(2) as she had not been enrolled in a registered course for a significant period, from May 2015 until shortly before the Tribunal hearing in July 2019. While the applicant raised her mental health condition as a reason for her inability to study, the Tribunal noted that her stated purpose for remaining in Australia appeared to be as much about being with her family as it was about studying. Considering the purpose of a student visa and the applicant's prolonged period of non-enrolment, the Tribunal concluded that the discretion to cancel the visa should be exercised.

The Tribunal affirmed the decision to cancel the applicant's visa.